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2025 DAILYLAW 71911 (ALL)

SMT. BABLI v. STATE OF U.P.

BAIL/24128/2025 · 2025-08-19

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142548 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24128 of 2025 Applicant :- Smt. Babli Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.,Rama Pati Tripathi Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Tripurari Pal, learned counsel for the applicant, Sri Rama Pati Tripathi, learned counsel for the first informant and learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Smt. Babli, seeking enlargement on bail in Case Crime No. 12 of 2025, under Sections 3(5), 61(2), 103(1) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Dannahar, District- Mainpuri. 3. There is allegation in the First Information Report that two named persons took the son (deceased) of the informant near canal and committed maar-peet with him. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 09.02.2025. Learned counsel for the applicant submits that the applicant is not named in the FIR. During investigation, applicant's name appeared, and only allegation of conspiracy has been leveled against her, but no specific role has been assigned. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, mandate of Section 480 (i)(ii) of B.N.S.S., but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Smt. Babli, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 20.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad